Purpose


Section 8, Chapter 2013-44, L.O.F., provides beginning November 1, 2013, the clerks are required to remit to the Department by the 10th of each month that portion of the filing fees collected in the previous month that is in excess of one-twelfth of the clerk’s total budget amount. By January 25, 2015, and each January 25th thereafter, clerks are required to remit to the Department the cumulative excess of all fines, fees, service charges, costs retained by the clerk, and funds received from the Clerks of the Court Trust Fund, that exceed the clerk’s authorized budget amounts. When the Florida Clerks of Court Operations Corporation determines upon investigation that additional funds are due by the clerk to the Department, the clerk and the Department will be notified of the amount due. The clerk is required to remit the amount due by the 10th day of the month following the month of notification. The purpose of the proposed amendments to Rule 12-28.008, F.A.C. (Due Date; General Provisions), is to include the remittance requirements and due dates, as provided in section 8, Chapter 2013-44, L.O.F., and to remove obsolete provisions regarding late payments. When in effect, this rule will provide the statutory due dates for remittances of funds by the clerks of the court to the Department.